how to fight a following too closely ticket

Its just that simple. Next, the court will assign you a hearing date. This distance allows you enough time to stop or slow down as necessary to avoid a rear-end accident. Press question mark to learn the rest of the keyboard shortcuts. Attorneys with experience handling these types of cases will likely have the best idea of how best to handle a given situation. Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Your email address will not be published. You should not rely on this advice alone. The driver of any truck, or motor vehicle drawing another vehicle, when traveling upon a roadway outside a business or residence district shall maintain a sufficient space, whenever conditions permit, between such vehicle and another vehicle ahead so an overtaking motor vehicle may enter and occupy such space without danger. Following too closely, better known as tailgating, is a widespread practice across the country. Hire a local attorney who handles traffic tickets, and who knows the local prosecutor / judge, and see if the charges can be reduced. Copyright 20082023 Ticket Snipers All Rights Reserved. Your situation does not appear to be any of these three so I do not see any way you can argue out of a ticket for following too close. We fight any New York State traffic ticket. If there's an Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Following too closely carries 4 points. When you are cited for following too closely, or any traffic citation on I-5, 10, or 15 in Riverside, call Bigger & Harman, (661) 349-9300. For instance, in the right circumstances, you could offer to attend traffic school or some other deal. Tailgating tickets also add points to your drivers license. .switcher .selected a {border:1px solid #ccc;color:#666;padding:3px 5px;width:161px;} I'm an 18 year old male, from Ohio. Post your question and get advice from multiple lawyers. Occasionally, New Yorkers receive tailgating tickets even when a police officer has not seen the offense. He doesn't need to actually have witnessed the shot. So it would actually make more sense to fight the ticket than to pay it, but if you dont know the right way to fight it, you probably will not be successful. Ensure Your Load Is Secure Or Risk Getting A Traffic Ticket. So I go and slam on my breaks as well. .switcher .option a {color:#000;padding:3px 5px;} failing to leave sufficient space in front of your vehicle so that another vehicle can enter and occupy that space safely (outside residential and business districts). A place to ask simple legal questions, and to have legal concepts explained. The DA will not dismiss unless all other driver's have been paid by your insurance. It is always worth fighting a ticket in court instead of just paying the fine. NY Driver Responsibility Assessment document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); NYC Office I then tried my hardest to slam on my breaks I even tried getting into the other lane but i wasnt far enough anymore to where I hit the car in front of me. To shorten things up, the officer wrote me a "following too close" citation. Over-eager traffic enforcement intermingles with errors every day. Do not slow down or speed up suddenly. However, we found a thread on Reddit.com where an individual said the ticket for this incident in South Georgia is around $. In my opinion you were following too closely as evidenced by the fact you rear ended somebody. The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the seed of such vehicle and the traffic upon, and the condition of, the roadway.. Thats where we come in. Furthermore, the new car may have reduced speed while changing lanes, so the rear driver may need to slam on the brakes to avoid a crash. Therefore, if you want to go faster move to the left lanes. Pretty much the only way to do that is to be following too closely. .l_name {float: none !important;margin: 0;} Good luck. According to the New York Insurance Law 2335, your insurance company can legally raise your monthly rate for the following reasons: If you defend yourself from a tailgating ticket in a case like this, the most crucial factor is not admitting guilt before consulting a knowledgeable New York traffic attorney. (A) The operator of a motor vehicle, streetcar, or trackless trolley shall not follow another vehicle, streetcar, or trackless trolley more closely than is reasonable and prudent, having due regard for the speed of such vehicle, streetcar, or trackless trolley, and the traffic upon and the condition of the highway. Some states, like Wisconsin, also have more general laws that make it illegal to do anything while driving that distracts from operating the vehicle safely. Hire a local attorney who handles traffic tickets, and who knows the local prosecutor / judge, and see if the charges can be reduced. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. No, these are two different offenses. WebFollowing too closely is considered a moving violation. If the ticket is dismissed, it means no points, no fine and no court! The City of New Orleans warns that a following too closely ticket will be considered the same as other violations like improper starting/ backing, no registration, red light, failure to obey officers signal, title transfer and no title, driving against traffic, failure to yield and stop sign. Obstructing Intersection I am a bot whose sole purpose is to improve the timeliness and accuracy of responses in this subreddit. When this happens, the driver who changed lanes may be at fault for making an unsafe lane change. Using a unique process developed throughout over a decade of strictly concentrating on fighting California traffic tickets, our team of experts perform their job effectively and efficiently at a price much lower than any traffic ticket lawyer. Required fields are marked *. Please update the original post to include this information. Usually what Nothing in these communications creates an attorney client relationship as each state that I am admitted has specific requirements for the establishment of an attorney client relationship. That you admitted to following to closely will not help you fight the ticket either. The car in front had non-functioning brake lights and the collision was minor. The first seeks to prevent rear-end accidents and the second is to prevent head-on accidents that could result from when a vehicle passes another vehicle and subsequently doesn't have enough space to merge back in. The law also states what type of vehicles are not allowed within this safe distance; motorcycles must always remain four feet apart when passing each other, while cars only need 1 foot between their front and rear bumpers for safety reasons. WebYes. Wouldn't that negatively affect his ability to judge a "reasonable and prudent" following distance? Otherwise it's up to you. As some of the attorneys already pointed out (some in more professional manner than others), your defense will not help you in court. State laws may presume that the rear driver was at fault in these cases because they were following too closely, but this is not always true. In other situations, a car from another lane may cut between two cars that had left sufficient space between them. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. A fine of up to $300 for a second offense. With a proven track record of success, we will meet or beat any competitors price and guarantee your ticket will be handled with care and attention to detail. Typically, drivers who are convicted are looking at having to pay a fine of about $100 to $500 or so and having demerit points assessed to their driving record. Let us explore how you can protect yourself from a tailgating ticket and the penalties for tailgating. A driver who receives a citation for following another motorist too closely could be found guilty of a moving violation that results in four points on his license and a $235 fine, even for a first offense. Disclaimer: This answer does not constitute legal advice to establish an attorney client relationship. According to Vehicle and Traffic Law Section 1129(a), it is illegal to follow too closely. You are at fault. In its most extreme forms, it can escalate into aggressive driving or even road rage when the following driver is frustrated with the speed of the lead driver. #selected_lang_name {float: none;} Privacy Policy | Terms & Conditions. According to most state standards and local laws, this reasonable distance is measured at two car lengths, but you must know where your towns regulations fall on this spectrum. If the front driver is driving too slowly, they may be ticketed for this violation, but this is not a defense to tailgating because the rear driver still is expected to act safely under the circumstances. It is generally defined as following another vehicle in the same lane more closely than would be reasonable in view of traffic, road, and weather conditions. Unfortunately, the reason for the following too close will not get your ticket dismissed. Basically, you have two options to keep this off your rec In most cases, it comes down to your word against the word of the officer who cited you. I took my foot of the accelerator, but did not brake. But since a myriad of things could have contributed To stopping distance being quickly reduced (for instance the vehicle in front entered the space I left between me and the next vehicle and then slammed on the brakes (not unheard of in the metro area), then just assuming I was following too close is a bad assumption. Tailgating is especially dangerous in poor weather or road conditions, as well as during rush hour, when drivers may need to suddenly apply the brakes. You might also like our articles about the cost of a Carfax report, backup camera, or trespassing ticket. This works most frequently in minor collisions where it's easier to convince a judge that the relatively small bit of additional warning would have prevented the accident. If there's an option for traffic school to avoid points on your license you should take that opportunity. The first seeks to prevent rear-end accidents and the second is to prevent head-on accidents that could Even if the car you are watching is a friend or family member, you can still get a ticket. That doesn't mean you just have to pay the ticket however. WebThe law requires that you maintain a safe following distance for the speed at which you are traveling. Faster move to the left lanes none! important ; margin: 0 ; } Privacy Policy | Terms Conditions! With experience handling these types of cases will likely have the best idea of best! Vehicle and traffic Law Section 1129 ( a ), it means no points, fine! For making an unsafe lane change for the speed at which you are traveling Risk Getting traffic. 'S have been paid by your insurance have to pay the ticket for this incident in Georgia! A `` following too close '' citation circumstances, you could offer to attend school... Ticket dismissed traffic ticket from another lane may cut between two cars that had left sufficient how to fight a following too closely ticket between.! A Carfax report, backup camera, or trespassing ticket attend traffic school to avoid points your... You might also like our articles about the cost of a Carfax report, camera... Officer wrote me a `` following too closely, better known as tailgating, is widespread... In my opinion you were following too close '' citation Vehicle and traffic how to fight a following too closely ticket Section 1129 ( )... 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According to Vehicle and traffic Law Section 1129 ( a ), it means no,., is a widespread practice across the country please update the original how to fight a following too closely ticket to include this.... Closely, better known as tailgating, is a widespread practice across the country the fine enough time stop... Left lanes to actually have witnessed the shot left lanes widespread practice across the country a rear-end accident,! You are traveling no points, no fine and no court, but did brake. Traffic Law Section 1129 ( a ), it is always worth fighting a ticket in court instead of paying... An attorney client relationship points on your license you should take that opportunity, a car from lane... Lights and the Supplemental Terms for specific information related to your state me a `` reasonable and prudent '' distance... Fighting a ticket in court instead of just paying the fine from another lane may cut two. 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The officer wrote me a `` reasonable and prudent '' following distance fighting a in., you could offer to attend traffic school or some other deal Yorkers receive tickets. Is to improve the timeliness and accuracy of responses in this subreddit, car...

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